Drunk in Public Charge in Virginia

A Drunk in Public Charge in Virginia is Punished with a Fine up to $250

A Drunk in Public charge in Virginia (Va. Code §18.2-388) criminalizes being drunk or intoxicated in public.  In Virginia, a person is intoxicated when he has consumed enough intoxicants (alcohol or drugs) to observably affect his manner, disposition, speech, muscular movement, general appearance or behavior.

The term public is interpreted broadly and includes places open and visible to the community or public.  As a result, a person can be convicted of a Virginia Drunk in Public charge under Va. Code §18.2-388 if he is intoxicated on his own property if it is visible to the public.

Penalty for Drunk in Public Charge in Virginia Under Va. Code §18.2-388

A Drunk in Public charge in Virginia under Va. Code §18.2-388 is a crime.  It is not actually punished with any jail time, but the offender can be taken to the local jail and held until he has sobered up.  A Virginia Drunk in Public charge under Va. Code §18.2-388 is a Class 4 misdemeanor.  It is punished with a fine up to $250.  The fine can be pre-paid, which means the offender does not need to appear in court and contest the charge.  However, pre-paying the fine is an admission of guilt to the offense and will result in a conviction on the offender’s permanent criminal record and can never be expunged.

Additionally, a conviction will bar the offender from obtaining a concealed carry permit for 3 years and if he already has such a permit, he must surrender it if convicted.

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